Class 1 - Intro

Question 1

What piece of legislation defines the Ontarian Justice system?

Answer 1

Courts of Justice Act

Question 2

From least to most senior, list the names of court and their levels

Answer 2

Superior Court/Ontario Court of Justice (trial courts) - Court of Appeal (appellate) - Supreme Court of Canada

Question 3

What kinds of cases does the Ontario Court of Justice Hear?

Answer 3

Hears minor criminal and family matters. Things governed primarily by Provincial law. Traffic offences, child adoption and so on

Question 4

Who presides at the Ontario Court of Justice and what do you call them?

Answer 4

Justices of the Peace/”Your Worship”

Question 5

What kinds of cases does the Superior Court Hear?

Answer 5

Major Criminal cases, and most if not all civil matters. Issues arising from Federal legislation. Also major family issues such as divorce because divorce is regulated through a federal statute

Question 6

What are the 3 branches of Superior Court, and what defines them?

Answer 6

o Small claims court – civil, limited jurisdiction to $35,000 or less in damages or recovery of property valued under $35,000. Has Deputy udges appointed provincially (“your Honor”)
o Divisional Court – hears appeals from small claims court, hears matters of judicial review (where the court reviews decisions from another legislative body, such as the Ontario land tribunal)
o Superior Court Trial Division – Deals with Federal Civil, Criminal, and Family matters

Question 7

Who Presides at the Superior Court and how are they referred to?

Answer 7

Judges/”Your Honour”

Question 8

What are the 2 types of proceedings in Civil Court?

Answer 8

Action, Application

Question 9

What is an Action, and what are causes for an action?

Answer 9

An action is a suit. Causes are either breach of contract, or a recognized tort

Question 10

What is an Application and where cn they be filed?

Answer 10

Can only be filed in Superior Court, and must be enabled by Federal legislation. An Application is a request for a court to fill in as a substitute decision maker to clarify an issue

Question 11

In Superior Court what are the originating documents and how must they be served?

Answer 11

Filing a statement of claim and crossclaim. these are originating documents and must be served IN PERSON

Question 12

After being served, how long does the defendant have to respond before being found in default?

Answer 12

20 days, unless they file an intent to defend, which grants them an additional 10 days

Question 13

When a playoff files their statement of claim, what does it get them? Why is it important?

Answer 13

A file number, and date. This is important because of Statutory limitations, which is generally 2 years

Question 14

What are the 2 components of deliverance?

Answer 14

1. Serving in Person
2. Filing a sworn affidavit of service

Question 15

What does defendant have to do in order to not be found in default?

Answer 15

File a statement of defence

Question 17

What are the 3 schedules that are part of the Discovery filings?

Answer 17

Schedule A is all relevant documents that the party has in their possession. Schedule B are documents in the party’s possession, but are considered privileged. Schedule C are documents that the party no longer has in their possession

Question 19

For Discovery, what constitutes a document?

Answer 19

Pretty much any tangible record. Is not limited to paper. Can be emails, video/audio recordings and so on

Question 20

What happens after discovery?

Answer 20

Mandatory Mediation. Failing that there is a pre-trial hearing before a different judge to see if the dispute can be settled.

Question 21

What is the main issue at trial?

Answer 21

Costs

Question 22

What are the different types of cost?

Answer 22

Loser generally pays some/all of the winner’s legal fees. Partial indemnification is 60%, substantial indemnification is 90%, and full indemnification is the full 100%. Partial indemnification is generally the rule

Question 23

When can you appeal an undesirable outcome at trial?

Answer 23

Only if there is no evidence to support the findings of the trial court

Question 24

What is a motion?

Answer 24

A request for permission to do something ,or for the court to command the opposing side to do/cease something

Question 25

What are interlocutory orders?

Answer 25

A non-final order that does not end the suit

Question 26

Where to interlocutory and final orders get appealed?

Answer 26

interlocutory orders are appealed to Divisional Court, final orders are appealed to the Court of Appeal, unless the matter is below $50,000

Question 27

What are the 3 strata’s of Claims court?

Answer 27

Small claims is for $35,000 or less. Simplified procedure for $35,001-$200,000, and Standard track for over $200,000

Question 28

What happens if your case is settled outside of that court’s range?

Answer 28

You are penalized the amount of your costs

Question 29

What is the nature of an application?

Answer 29

It’s all in writing. No witnesses.

Question 30

What is the process for an application?

Answer 30

1. File a notice of application – this is the originating process. Must be served in person. It is brought by the Applicant. Notice of application give you a file number and date of ossue. For applications, SOL don’t usually factor in
2. Then we prepare affidavits which support the application. No oral testimony. Its all given in writing. Altogether, this is the APPLICATION RECORD which gets served personally to the respondent
3. The Respondent then puts together their own affidavit, and they prepare a Responding Application in writing
4. Once the documents are exchanged, the parties have the right to cross examine one another, based on the documetns in the affidavits. This produces a written transcript
5. All this together is brought in writing before the Judge, and it is argued as it would in a moot. Applicant’s lawyer goes first, then respondent, and then applicant gets a rebuttal.
   - Applications are generally done when there are no facts in dispute.